Bajaj Allianz General Insurance ... vs Shrimati Kamla Devi & Others
2021 Latest Caselaw 1314 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                                       FAO No. 117 of 2014

                                                       Date of decision: 25.2.2021




                                                                                   .

    Bajaj Allianz General Insurance Company.                                       ...Appellant.
                               Versus
    Shrimati Kamla Devi & others.                                                ...Respondents.





    Coram
    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Whether approved for reporting?1





    For the Appellant:                    Mr.Aman Sood, Advocate.

    For the Respondents:                  Mr.Vijay Chaudhary,                       Advocate,           for
                               r          respondents No. 1 to 6.

                                          Mr.Rakesh Chauhan,                        Advocate,           for
                                          respondent No. 7.

                                          None for respondents No. 8 and 9.



                       Vivek Singh Thakur, Judge (oral)

FAO No. 117 of 2014 along with CMP No. 1804 of 2021

Present appeal has been preferred by Insurance

Company against award dated 16.1.2014 passed by learned Motor

Accident Claims Tribunal-II, Chamba (MACT) in MAC Petition No. 133

of 2012, titled Kamla Devi Vs. Bajaj Allianz General Insurance

Company and others.

2. Now an application bearing No. 1804 of 2021 has been

filed on behalf of appellant under Order 23 Rule 1 CPC, seeking leave

of this Court to withdraw the appeal.

3. There is no objection on behalf of appearing respondents

for allowing the application, permitting the appellant to withdraw the

appeal. However, it is submitted that amount falling in shares of

Whether the reporters of the local papers may be allowed to see the Judgment? Yes

respondents no. 1 and 6 may also be released in their favour after

deducting the amount already released to them vide order dated

26.4.2016.

.

4. In view of above, present appeal is dismissed as

withdrawn with further direction to the Registry to release the amount

falling in shares of respondents No. 1 and 6, along with up to date

interest, after deducting the amount already paid to them, by remitting

the same in their bank accounts, details of which shall be furnished by

learned counsel for respondents No. 1 to 6 within seven days to the

Registry of this Court. Amount falling in shares of minor respondents

No. 2 to 5 be invested as per rules.

The appeal stands disposed of. Pending application(s), if

any, also stands disposed of in aforesaid terms.

                                                    (Vivek Singh Thakur),





    25th February, 2021                                   Judge.
          (Keshav)